Judgment Search Results Home > Cases Phrase: finance act 2005 section 18 amendment of section 54ed Court: kerala Page 1 of about 164 results (0.045 seconds)

Pan Polymers Vs. State of Kerala

Court : Kerala

Reported in : 2006(2)KLT329

..... proceeding to consider the contentions raised by the petitioners, the scope of section under challenge of the vat act has to be gone into and for easy reference section 32 of the said act which now stands amended by the kerala finance act, 2005 is extracted hereunder:32. ..... of tax payable by industrial units: - (1) where the government had granted any exemption in respect of the tax payable by any industrial unit under the kerala sales tax act, 1963(15 of l963) or, the kerala surcharge on tax act, 1957 (11 of 1957)for any specified period under any notification issued under section 10 of the kgst act, 1963 (15 of 1963) under the industrial policy of the state, or where any application or other proceedings is pending on the date of commencement of this ..... 24807/2005 has not challenged the validity of section 32 of the vat act, counsel sought permission to amend the ..... act, such exemption granted or due to be granted shall have operation only till the day preceding the date of commencement of this act:provided that the government may, by notification, which may be subject to such conditions ..... to declare section 32 of the amended vat act as illegal or arbitrary or violative of the principle of rule of promissory estoppel for more than one .....

Hotel Asoka Vs. the Commercial Tax Officer-1, Dept of Comml. Taxes

Court : Kerala

Reported in : 2008(1)KLJ419; (2009)25VST546(Ker)

..... the kgst act was amended by kerala finance act, 2005 providing far payment of tax at compounded rate by bar licencees running hotels not being star hotels of and above three star classification, heritage hotel or club. ..... 44/2006sub: kerala finance act, 2006 - amendments under kgst act, 1963 and kvat act, 2003 - payment of tax at compounded rate - dealers in foreign liquor and cooked food - instructions - issued - reg.as per the kerala finance act, 2006 certain amendments were made in section 7 of the kgst act and in section 8 of the kvat act, 2003 whereby certain changes were made in the provisions for payment of tax at compounded rate by dealers in foreign liquor and cooked food. ..... single judge, would contend, that the appellants have a vested right under section 7 of the act, as it stood originally to pay the turnover tax at the compounded rate in the manner provided in clause (a) and (b) of section 7 of the act for the year 2005-06 in view of the insertion of section 7 in the statute book by kerala general sales tax (amendment) act 2005 and the said right to exercise the option envisaged in the said section was allowed to be exercised during the financial year 2006-07 also and .....

Mather and Company Pvt. Ltd., Kochi, Rep. by Its Managing Director K.M ...

Court : Kerala

Reported in : 2012(3)KLT41(SN)(C.No.43)

..... while so, there was an amendment to kvat act, 2003 as per the kerala finance act, 2007 (act 15 of 2007)-whereby two new provisos were added to section 8(a)(iii) which read as follows: provided further that this sub-clause shall not be applicable to any works taken up after 31st march, 2005 as a subsequent part of phase of the original work for which option had been filed under sub-section (7) or (7a) of section 7 of kerala general sales tax act, 1963 (15 of 1963). ..... constitutional validity of the newly introduced proviso to section 8(a) (iiii) of the kerala value added tax act, 2003 (hereinafter referred to as act) by the finance act 2007 (act 15/2007) published in the official gazette of the state of kerala dated 28.07.2007, taking away the benefit of the lesser rate of compounding, being availed by the petitioners with retrospective effect from 01.04.2005,is the main challenge in both the writ petitions. 2. ..... with regard to the scope of the newly added provisos, as per the finance act, 2007, this court finds that the amendment stands on a different footing, to meet a different situation and that the liability to satisfy higher tax in respect of the agreements executed between the petitioners and their clients during the period from 01.04.2005 to 31.03.2007, is not a direct result of the said amendment. .....

State of Kerala Vs. George Jacob

Court : Kerala

Reported in : AIR2006Ker111; 2005(4)KLT709

..... state of kerala shall be stamped before or at the time of execution, read with section 23 of the registration act, 1908 providing for four months' time for presentation of documents for registration, from the date of its execution, concluded that documents signed by the vendor before 1-4-2005 need be stamped only at the rate applicable prior to the amendment of the kerala stamp act, by kerala finance act, 2005 as per which the amendment to the kerala stamp act came into force only with effect from ..... by finance act, 2005 (act 10 of 2005), with effect from 1-4-2005, the legislature amended the schedule to the kerala stamp act, 1959 enhancing the stamp duty payable on conveyance deeds. ..... it necessarily follows that in cases where sale deeds and other compulsorily registrable documents, executed prior to 1-4-2005 and presented for registration subsequent to 31-3-2005, the rate of stamp duty applicable is that existing prior to 1-4-2005 and will be unaffected by the amendment made by the finance act, 2005. ..... on that reasoning the learned government pleader would submit that construing the words 'executed' and 'execution' as above, the rate of duty payable in respect of the documents presented for registration after 31-3-2005 shall be the rate as amended by finance act, 2005 (act 10 of 2005).6. .....

Geo Sea Foods Vs. Addl. Sales Tax Officer

Court : Kerala

Reported in : 2006(1)KLT72; [2006]144STC553(Ker)

..... for the first time, the kerala finance act, 1993 introduced an amendment to section 17 prescribing a period of 4 ..... in that background, the finance act, 1993 introduced amendments to section 17 providing that the assessments should be completed within a period of 4 years and as far as the assessments pending as on 1.4.1993, within a period of four years from the date of publication of the act. ..... matter was pending before the supreme court, the state introduced a further amendment to the kerala finance act, 2000 inserting a new provision as section 17a. ..... in the case of assessments pending as on 1.4.1993, the second proviso to sub-section (6) thereof stipulated that such assessments should be completed within a period of four years from the date of publication of the kerala finance act, 1993.the scope and ambit of the expression 'assessment pending' occurring in the aforesaid proviso came up for consideration in geo sea ..... considering the addition of section 17a in the kerala general sales tax act, 1963 by the kerala finance act, 2000 and the facts stated in the rejoinder affidavit the impugned orders passed by the high court are required to be set aside and the matters are required to be remitted to high court for fresh ..... above provision has been deleted by the kerala general sales tax (amendment) act, 2005 since the provision became obsolete and the object sought to be achieved by the amendment served its purpose. ..... matter is placed before us pursuant to reference order dated 14.2.2005. .....

Seapearl Enterprises Vs. Dy. Cit, Cirecle-i, Alleppey

Court : Kerala

Reported in : [2006]155TAXMAN483(Ker)

..... levied on petitioners is not consistent with the law as stated by the patna high court confirmed by the supreme court in the above referred decisions, the demand of interest based on assessed income is perfectly in order by virtue of the amendment to the act by finance act, 2001 whereunder explanation 4 was omitted from section 234a and explanation i was substituted by the new explanation specifically providing for levy of interest with reference to tax assessed under sub-section (1) of section 143 or regular assessment. ..... union of india : 2005(188)elt129(sc) , shri prithvi cotton mills ltd. v. ..... year, an assessment is made for the first time under section 147, the assessment so made shall be regarded as a regular assessment for the purposes of this section.explanation 4 : omitted with retrospective effect from 1-4-1989 by finance act, 2001 was as follows:'explanation 4: in this sub-section 'tax on the total income as determined under sub-section (1) of section 143 or on regular assessment' shall, for the purposes of computing the interest payable under section 140a, be deemed to be tax on total income as declared in the return .....

The Union of India and Another Vs. the Highland Produce Co. Ltd. and O ...

Court : Kerala

..... of india reported in 1999 (6) scc 418 held that the infirmities pointed out by the supreme court that is, conflict between the statute particularly section 70 and the rules, continued to exist until finance act, 2005 introducing section 70(2) of the act with effect from 13.5.2005 was passed and so much so, rule providing for payment of service tax by the parties availing service is unenforceable. ..... even though standing counsel for the department relying on decision of the supreme court in gujarat ambuja cements case contended that amendment to the definition clause assessee, the charging section, section 66, section 68(2) and section 69(2) are sufficient to bring the respondents within the scope of the levy with effect from the date of introduction of tax on the transport ..... case of the respondents that found acceptance with the learned single judge is that inspite of amendment of the charging section and the machinery provision providing for collection of tax in the manner provided under the act and rules unless provision is introduced requiring the person availing service notified under section 69(2) to file the return, he has no liability to furnish the return and pay tax ..... india reported in 2005 (4) scc 214 and submitted that after the amendment to section 66 and introduction of section 68(2) and section 69(2) the lacunae pointed out by the supreme court in the first above referred judgment does not survive and respondents are liable to pay tax with effect from 1.1.2005. 3. .....

Sea Pearl Enterprises Vs. Deputy Commissioner of Income Tax

Court : Kerala

Reported in : (2006)204CTR(Ker)81

..... purposes of computing the interest payable under section 140a, be deemed to be tax on total income as declared in the ..... the additional income-tax, if any, payable under section 143.explanation 3 ; where, in relation to an assessment year, an assessment is made for the first time under section 147, the assessment so made shall be regarded as a regular assessment for the purposes of this section.explanation 4 omitted with retrospective effect from 1st april, 1989 by finance act, 2001 was as follows:explanation 4 : in this sub-section, 'tax on the total income as determined under sub-section (1) of section 143 or on regular assessment' shall, for the ..... interest levied on petitioners is not consistent with the law as stated by the patna high court confirmed by the supreme court in the abovereferred decisions, the demand of interest based on assessed, income is perfectly in order by virtue of the amendment to the act by finance act, 2001 whereunder expln. ..... union of india : 2005(188)elt129(sc) , shii prithvi cotton milk ltd. v. .....

Biju Purushothaman Vs. the State of Kerala and ors.

Court : Kerala

Reported in : 2008CriLJ4488; 2008(2)KLJ625

..... complained of is triable exclusively by the court of sessions; orb) where the complaint has not been made by a court, unless the complainant and the witnesses present (if any) have been examined on oath under section 200.2) in an inquiry under sub-section (1), the magistrate may, if he think fit, take evidence of witness on oath;provided that if it appears to the magistrate that the offence complained of is triable exclusively by the court of session, he ..... act 25 of 2005 with effect from 23-6-2006, an enquiry by the magistrate or a direction for investigation under section ..... shall call upon the complainant to produce all his witnesses and examine them on oath.3) if an investigation under sub-section (1) is made by a person not being a police officer, he shall have for that investigation all the powers conferred by this code on an officer in charge of a police station except the power to arrest without warrant. ..... a postgraduate doctor and that all of them were having independent sources of income and are income tax payers from 1994 onwards, there was absolutely no material to show that a1 while holding office as the finance minister had amassed wealth disproportionate to the known sources of his income or that the source of acquisitions by a2 to a4 was traceable to a1. ..... residing at a place beyond the territorial limits of the magistrate, now after the amendment of section 200 cr.p.c. .....

Barry Sebastian Vs. Bank of India Puthenchanthai Branch Represented by ...

Court : Kerala

..... the scope of the said 'scheme', particularly with reference to the amendment made in the year 1999 and the scope of section 71 under the kerala revenue recovery act came to be meticulously analyzed by the apex court in the decision reported in jabbar ..... the scope of said scheme was subsequently clarified as per the amended notification issued in the year 1999, which was considered and explained by the apex court in the decision reported in jabbar ..... (retail traders in fertilisers will form part of indirect finance for agriculture and those to retail traders of mineral oils under small ..... kerala revenue recovery act and section 71 thereunder. ..... banks under the schemes approved by the state/central government or other government agencies or the schemes administrated by the development department with a view to improving the living conditions of the economically and socially weaker section of the community. ..... to, asserting that, there is absolutely no material to show that the loan sanctioned to the petitioner was under the 'agricultural sector' or under the 'priority/development scheme', so as to justify the invokation of power and procedure under section 71 of the r.r. ..... the position, though the first respondent is a notified authority under section 71 of the r.r. ..... state of kerala (2005(1) klt 873), has been admittedly overruled by the division bench in the decision reported in syndicate bank ..... of kerala (2005(1) klt 873) ..... (2005(3) klt ..... (2005(3) klt 510), dealing with the very same enactment, .....